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Board of County Commissioners of Weld County, Colorado v. Laurie Exby-Stolley

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 16-1412 · judgment October 28, 2020

Certiorari denied · June 28, 2021

Pre-decision estimate: 14% cert probability (95% interval 9%–21%)

Before the decision, about 3.3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Whether a plaintiff asserting a failure-to-accommodate claim under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12112(a), must show that the employer’s failure to make the requested accommodation affected the “terms, conditions, [or] privileges of employment,” id.—that is, whether the employee must show that the failure to accommodate amounted to an adverse employment action. (i)

Counsel of record

For petitioner
Sean Marotta
Hogan Lovells US LLP

For respondent
Jason Bryan Wesoky
Ogborn Mihm LLP

Case

Conference history
Distributed for 1 conference

Proceedings

Jun 28 2021
Petition DENIED.
Jun 08 2021
DISTRIBUTED for Conference of 6/24/2021.
Jun 08 2021
Reply of petitioner Board of County Commissioners, Weld County, Colorado filed. (Distributed)
Jun 02 2021
Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
May 26 2021
Brief of respondent Laurie Exby-Stolley in opposition filed.
Apr 23 2021
Motion to extend the time to file a response is granted in part; the time is extended to and including May 26, 2021.
Apr 20 2021
Motion to extend the time to file a response from April 26, 2021 to June 10, 2021, submitted to The Clerk.
Apr 20 2021
Response to motion from petitioner Board of County Commissioners, Weld County, Colorado filed.
Mar 24 2021
Petition for a writ of certiorari filed. (Response due April 26, 2021)